CIRCUMSTANCES

AFFECTING
OBLIGATIONS

1
Fraud
Delay/Mora
Negligence
Contravention of the tenor
of the obligation
Fortuitous event vs Force
Majeure
2
 FRAUD
 Kinds
 1) Art. 1338 - Dolo causanti (fraud in obtaining
consent –false representation or
misrepresentation-Art. 1342/deliberate intent
to deceive)
EFFECT – Art. 1390/1344 1st part –contract is
voidable
REMEDY - Annulment
 2) Art. 1344 2nd sent – Dolo incidenti (willful/fraud in
performing the obligation/contract
EFFECT/REMEDY – BREACH OF CONTRACT WITH
DAMAGES(M-E-N-T-A-L)
NOTE: Refer to DET -COMPLAINT
EXAMPLE – A obliged himself to deliver to B 100 cavans of “dinorado” rice. A
delivered 100 cavans of “dinorado” variety but mixed with “NFA” variety.

3
 LEGAL DELAY/MORA
 Art. 1169
 1) MORA SOLVENDI – delay on DR’s part
 2) MORA ACCIPIENDI – delay on CR’s part (refusal of CR to accept without just
cause)
 3) COMPENSATIO MORAE – both parties defaulted (applied in reciprocal
obligations)
 Rules
 GR – NO DEMAND – NO MORA
 EXCEPTIONS – Law – Art. 1788
Useless – before expiration
Stipulated – “without need of demand”
Time is of the essence – must be expressed in the
contract
 EFFECT/REMEDY
 1) DR is liable/bears the loss – even if loss is due to FE
2) CR to file Breach of Contract with damages (refer to DET -COMPLAINT)

4
 NEGLIGENCE/”CULPA”
 Kinds
 A) Culpa Aquiliana/Tort/Quasi-delict
(Art. 2176/2180)
REMEDY – Action for damages
 B) Culpa contractual-Contractual Negligence (Art. 1159)
REMEDY – Breach of contract with damages (Art. 1170)
NOTE : Refer to the DET - COMPLAINT
 C) Culpa Criminal/Reckless Imprudence (Art. 365 RPC)
REMEDY – Criminal case against the malefactor (Reckless
Imprudence resulting to Homicide/PI/D2Prop. with attached civil
liability for damages) and/or civil action based on Art. 2180
(vicarious liability)
NOTE: “Nullum Crimen, Nulla Poena Sine Lege”

5
 CONTRAVENTION OF THE
TENOR OF THE OBLIGATION
Art. 1170
“Tenor”-terms and conditions
“Contravention” – derogation/violation/non-
compliance with/non-performance of the terms
and/or conditions
Example – refer to DET - Complaint

6
 FORTUITOUS EVENT (FE) vs FORCE MAJEURE (FM)
 Art. 1174
 Act of “GOD” vs Act of “Man”
 FE – caso fortuito -event that cannot be foreseen or although
foreseeable, it is inevitable (e.g. typhoons,
eartquakes,tsunamis,volcanic eruptions)
 FM – wars, strikes, riots, acts of marauders/pirates/brigands
 Rules on liability
 1) GR - FE is the ONLY proximate cause of loss –
NO LIABILITY
 2) Exceptions – SLN (Stipulation/Law-Arts. 19798/1942/Nature of obligation requires the
assumption of risk-insurance contract
- FE plus Fraud/Negligence/Delay/Contravention of tenor
of obligation
YES LIABILITY

EXAMPLE – Refer to the case – DELSAN LINES INC. vs C & A Construction